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SONORAN DESERT INVESTIGATIONS v. MILLER

No. 2 CA-SA 2006-0006.

141 P.3d 754 (2006)

SONORAN DESERT INVESTIGATIONS, INC., an Arizona corporation; Michael F. Ghigo and Jane Doe Ghigo, husband and wife; Jose A. Howard and Jane Doe Howard, husband and wife; Safeway, Inc., a Delaware corporation, Petitioners, v. Hon. Leslie B. MILLER, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and Lorna Hernandez, a widow, for and on behalf of all surviving statutory beneficiaries of Frank M. Hernandez, Jr., deceased, including: Lorna Hernandez, surviving wife; Frank D. Hernandez, Brianna Hernandez, and Jessica Hernandez, surviving children; and Frank Hernandez and Gloria Hernandez, surviving natural parents, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department A.

June 2, 2006.

Attorney(s) appearing for the Case

Gust Rosenfeld, P.L.C., By Gerard R. O'Meara and Roger W. Frazier, Tucson, for Petitioners Sonoran Desert Investigations, Inc., Ghigo, and Howard.

Quarles & Brady Streich Lang, L.L.P., By Stephen T. Portell and Timothy M. Medcoff, Tucson, for Petitioner Safeway, Inc.

Charles M. Brewer, Ltd., By Charles M. Brewer, John B. Brewer, Dane L. Wood, and David L. Abney, Phoenix, for Real Party in Interest.

OPINION

HOWARD, Presiding Judge.

¶ 1 In the underlying wrongful death action filed by Lorna Hernandez, defendants Sonoran Desert Investigations, Inc., Michael Ghigo, Jose Howard, and Safeway, Inc. (collectively, SDI) moved for summary judgment based on A.R.S. § 12-712(B), which absolves a defendant from liability to a plaintiff who is injured while involved in a criminal act. The respondent judge...

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